NPS National Park Service Superintendent's Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.
A. INTRODUCTION1. Superintendent’s Compendium DescribedThe Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level.The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries or unoccupied seashells which may be gathered by hand for personal use or consumption. This activity can occur, however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the national Park System.A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at: www.gpo.govORSuperintendent of DocumentsP.O. Box 371954Pittsburgh, PA 15250-7954The CFR is also available on the Internet at: www.ecfr.gov.2. Laws and Policies Allowing the Superintendent to Develop This CompendiumThe National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, “Organic Act”) to “….regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” In addition, Title 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, to “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.”In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS. Through the General Authorities Act of 1970, Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916.In 1978, Congress amended the General Authorities Act of 1970 and reasserted System-wide the high standard of protection defined in the original Organic Act by stating “Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.”In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, than that Superintendent is obliged to place limitations on public use.3. Consistency of This Compendium with Applicable Federal Law and RequirementsThe Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.4. Development of the Requirements of the Superintendent’s CompendiumAs outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:
5. Applicability of the CompendiumThe rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.6. Enforcement of Compendium RequirementsNPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.7. Penalties for Not Adhering to the Compendium RequirementsA person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.8. Comments on the CompendiumThe Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time.Written comments on the Compendium may be submitted to:SuperintendentRiver Raisin National Battlefield Park333 N. Dixie HighwayMonroe, Michigan 481629. Effective Date of the Superintendent CompendiumThe Superintendent’s Compendium is effective on the approval date listed on the first page of this document, and remains in effect until revised for a period up to one year.10. Additional InformationSome of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.11. AvailabilityCopies of the Compendium are available at River Raisin NBP, 1403 East Elm Avenue, Monroe, MI 48162. The Compendium may also be found online at https://www.nps.gov/rira.B. SUPERINTENDENT’S COMPENDIUMIn accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 54 U.S.C. §100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of River Raisin National Battlefield Park. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document identified by italicized print.I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES(a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity:Visiting Hours:
Public Use Limits:
Closures:
§2.2(e) Viewing wildlife with artificial light.§2.4(d) Carry or possess a weapon, trap or net.
§2.5(a) Specimen collection (Taking of plants, fish, wildlife, rocks or minerals).§2.10(a) The following camping activities:
§2.12 Audio disturbances:(a)(2) Operation of a chain or power saw in a developed areas(a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas(a)(4) Operation of a public access system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51§2.17 Aircraft and air delivery(a)(3) Delivery or retrieval of a person or object by parachute, helicopter, or other airborne means(c)(1) Removal of a downed aircraft§2.37 Soliciting or demanding gifts, money, goods or services (Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52)§2.38 Explosives:(a) Use, possess, store, transport explosives and or blasting agents(b) Use or possess fireworks§2.50 Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events.§2.51(b) Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views involving more than 25 people. Demonstrations involving 25 persons or less are allowed within the park areas designate as available in the attached map.
§2.52(c) Sale or distribution activities of printed matter that is not solely commercial advertising.§2.60(b) Livestock use§2.61(a) Residing on federal lands§2.62 Memorialization(a) Erection of monuments (Requires approval from the Director)(b) Scattering ashes from human cremation§4.11(a) Vehicles exceeding load, weight, and size limits (See, section III. §4.10)§5.1 Advertisements including the display, posting or distribution§5.3 Engaging in or soliciting any business (Requires a permit, contract or other written agreement with the United States or pursuant to special regulations)§5.5 Commercial photography/filming
§5.6(c) Use of commercial vehicles on park area roads (The Superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available)§5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.The listed activities may be appropriate in very limited situations or may be compatible with the purposes of the park for specific educational or commemorative events. Some situations may make the park the appropriate space for the exercise of Constitutionally protected rights. Therefore, the listed activities may be permitted with the approval of the Superintendent.III. GENERAL REGULATIONS36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL, AND ARCHEOLOGICAL RESOURCES(a)(5) The following conditions are in effect for walking, climbing, entering, ascending, or traversing the listed archeological or cultural resource, monuments, or statues:
(c)(1), (c)(2) The following fruits, nuts and berries may be gathered by hand for personal use or consumption within the Battlefield:Acorns............. 1 peck / person / dayApples ............ 1 peck / person / dayBlackberries .... 1 peck / person / dayBlueberries ..... 1 peck / person / dayGrapes............ 1 peck / person / dayMushrooms ..... 1 peck / person / dayPeaches ......... 1 peck / person / dayRaspberries .... 1 peck / person / dayStrawberries ... 1 peck / person / dayWalnuts .......... 1 peck / person / dayPears ............. 1 peck / person/ day1 peck = 537.61 cubic inches 1 bushel = 2,150.42 cubic inch36 CFR §2.4 – WEAPONS, TRAPS OR NETS(a)(1)(i) & (ii) Visitors may possess and carry firearms within River Raisin National Battlefield Park in accordance with federal and state laws.Federal law prohibits firearms in certain park facilities and buildings. These places are marked with signs at public entrances. The federal facilities firearms are prohibited at River Raisin National Battlefield Park are as follows:
36 CFR §2.11 – PICNICKING
36 CFR 2.13 – FIRES(a)(1) The lighting or maintaining of fires is prohibited in the park except that the Superintendent may permit the use of fires for educational or interpretive purposes. Fire is a potential hazard to park resources and facilities and to neighboring properties. No fires shall be set for the purposes of camping activities or food preparation by visitors without a permit.36 CFR §2.15 – PETS(a)(1) The following structures and/or areas are closed to the possession of pets:
36 CFR §2.16 – HORSES AND PACK ANIMALS(b) The use of horses or pack animals is allowed on the specified trails, routes, or areas:
36 CFR §2.18 – SNOWMOBILES(c) The use of snowmobiles is prohibited in at River Raisin National Battlefield Park.36 CFR §2.20 – SKATING, SKATEBOARDS, AND SIMILAR DEVICES
36 CFR §2.21 – SMOKING(a) The following portions of the park, or all or portions of buildings, structures, or facilities are closed to smoking as noted:
36 CFR §2.35 – ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES(a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within the park are closed to the use or possession of alcoholic beverages and controlled substances:
36 CFR §2.4 – WEAPONS, TRAPS, AND NETS(d) A person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.
36 CFR §4.21 – SPEED LIMITS(b) The following speed limits are established for the routes/roads indicated:
36 CFR §4.30 – BICYCLES & ELECTRIC (E-BIKES) BICYCLES(a) The use of a bicycle is prohibited except on park roads, trails and parking lots. No bicycles shall be operated off established pathways.(b) In accordance with 36 CFR §4.30(i)(1) Class 1 and 2 E-Bikes are allowed in River Raisin National Battlefield Park where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited. Because of the public health and safety risks associated with the speed Class 3 E-Bikes travel and the limited line of sight along some sections of trails Class 3 E-Bikes are only allowed where motor vehicles by the public are allowed. In accordance with 36 § 4.30(1)(5), A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections §4.12, 4.13, 4.20, 4.21, 4.22, 4.23, 4.30(h)(2)-(5).In accordance with 36 § 4.30(1)(6), Except as specified in this Compendium, the use of an e-bike within River Raisin National Battlefield Park is governed by State law, which is adopted and made a part of this Compendium. Any violation of State law adopted by this paragraph is prohibited.36 CFR §5.6 COMMERCIAL VEHICLES(b) & (c) Using commercial vehicles on government roads within park areas when such use is in no way connected with the operation of the park is generally prohibited, and requires permission or a permit from the Superintendent.![]() NPS . |
Last updated: September 5, 2024